Prendergast v. Southern Title Guaranty Company

TUNKS, Chief Justice.

This appeal involves a suit by the insureds against the insurer on a title guaranty policy. The trial court, at the conclusion of the plaintiffs’ evidence, on motion of the defendant, withdrew the case from the jury and rendered judgment for the defendant. The plaintiffs have appealed. We reverse the judgment of the trial court and remand the case for another trial.

In January of 1964, Vincent Prender-gast and his wife, plaintiffs in the trial court and appellants here, bought a tract of land, consisting of about 22 acres in the northwestern part of Harris County. They…